The story of a national crime : being an appeal for justice to the Indians of Canada ; the wards of the nation, our allies in the Revolutionary War, our brothers-in-arms in the Great War

Bryce, Henderson Peter

The story of a national
crime

E

78

C2B93

19??

C.I

ROBA

THE STORY

OF

A NATIONAL CRIME

BY

P; H. BRYCE, M,A., M.D.

BEING

AN APPEAL FOR JUSTICE

TO THE

INDIANS OF CANADA

The Wards of the Nation :

Our Allies in the Revolutionary War :

Our Brothers-in-Arms in the Great War.

PRICE, 35 CENTS

Published by James Hope & Sons, Limited

OTTAWA. CANADA
1922

THE STORY

OF

A NATIONAL CRIME

BY

P. H. BRYCE, M.A., M.D.

BEING

AN APPEAL FOR JUSTICE

TO THE

INDIANS OF CANADA

The Wards of the Nation :

Our Allies in the Revolutionary War :

Our Brothers-in-Arms in the Great War.

Published by James Hope & Sons, Limited

OTTAWA. CANADA

1922
PRICE, 35 CENTS

E '

THE STORY OF A NATIONAL CRIME

BEING A

Record of the Health Conditions of the Indians
of Canada from 1904 to 1921

BY

DR. P, H. BRYCE, M. A., M. D.
Chief Medical Officer of the Indian Department.

I. By Order in Council dated Jan. 22nd, 1904, the writer was
appointed Medical Inspector to the Department of the Interior
and of Indian Affairs, and was entrusted with the health interests
of the Indians of Canada. The Order in Council recites :

" The undersigned has the honour to report that there is urgent
necessity for the appointment of a medical inspector to represent the
Department of the Interior and Department of Indian Affairs. The un-
dersigned believes that the qualifications for the position above men-
tioned are possessed in an eminent degree by Mr. Peter Henderson
Bryce, M. D., at present and for a number of years past Secretary for the
Provincial Board of Health of Ontario, and who has had large ex-
perience in connection with the public health of the province. "

(Signed) CLIFFORD SlFTON,

Minister of the Interior and
Superintendent General of Indian Affairs.

For the first months after the writer's appointment he was
much engaged in organizing the medical inspection of immigrants
at the sea ports ; but he early began the systematic collection of
health statistics of the several hundred Indian Bands scattered
over Canada. For each year up to 1914 he wrote an annual re-
port on the health of the Indians, published in the Departmental
report, and on instructions from the minister made in 1907 a
special inspection of thirty-five Indian schools in the three prairie
provinces. This report was published separately ; but the recom-

3

mendations contained in the report were never published and the
public knows nothing of them. It contained a brief history of
the origin of the Indian Schools, of the sanitary condition of the
schools and statistics of the health of the pupils, during the 15
years of their existence. Regarding the health of the pupils, the
report states that 24 per cent, of all the pupils which had been in
the schools were known to be dead, while of one school on the
File Hills reserve, which gave a complete return to date, 75 per
cent, were dead at the end of the 16 years since the school opened.

Briefly the recommendations urged, (1) Greater school
facilities, since only 30 per cent, of the children of school age
Recommen- were in attendance ; (2) That boarding schools with
schoofre? farms attached be established near the home reserves of
port 1907. the pupils . (3) T hat the government undertake the

complete maintenance and control of the schools, since it had
promised by treaty to insure such ; and further it was recom-
mended that as the Indians grow in wealth and intelligence they
should pay at least part of the cost from their own funds ; (4)
That the school studies be those of the curricula of the several
Provinces in which the schools are situated, since it was assumed
that as the bands would soon become enfranchised and become
citizens of the Province they would enter into the common life
and duties of a Canadian community ; (5) That in view of the
historical and sentimental relations between the Indian schools
and the Christian churches the report recommended that the De-
partment provide for the management of the schools, through a
Board of Trustees, one appointed from each church and approved
by the minister of the Department. Such a board would have its
secretary in the Department but would hold regular meetings,
establish qualifications for teachers, and oversee the appointments
as well as the control of the schools ; (6) That Continuation
schools be arranged for on the school farms and that instruction
methods similar to those on the File Hills farm colony be deve-
loped ; (7) That the health interests of the pupils be guarded by
a proper medical inspection and that the local physicians be en-
couraged through the provision at each school of fresh air methods
in the care and treatment of cases of tuberculosis.

II. The annual medical reports from year to year made re-

4

ference to the unsatisfactory health of the pupils, while different
local medical officers urged greater action in view of the results of
their experience from year to year. As the result of one such re-
port the Minister instructed the writer in 1909 to investigate the
health of the children in the schools of the Calgary district in a
letter containing the following :

"As it is necessary that these residential schools should be filled with
a healthy class of pupils in order that the expenditure on Indian educa-
tion may not be rendered entirely nugatory, it seems desirable that you
should go over the same ground as Dr. Lafferty and check his inspec-
tion. "

aecommen- These instructions were encouraging and the writer
gladly undertook the work of examining with Dr. J. D.
Lafferty the 243 children of 8 schools in Alberta, with

children. the f ollowing reS ultS :

(a) Tuberculosis was present equally in children at every
age ; (b) In no instance was a child awaiting admission to school
found free from tuberculosis ; hence it was plain that infection
was got in the home primarily ; (c) The disease showed an ex-
cessive mortality in the pupils between five and ten years of age ;
(d) The 10,000 children of school age demanded the same atten-
tion as the thousand children coming up each year and entering
the schools annually.

Recommendations, made in this report, on much the same
lines as those made in the report of 1907, followed the examina-
tion of the 243 children ; but owing to the active opposition of
Mr. D. C. Scott, and his advice to the then Deputy Minister, no
action was taken by the Department to give effect to the recom-
mendations made. This too was in spite of the opinion of Prof.
George Adami, Pathologist of McGill University, in reply^to a letter
of the Deputy Minister asking his opinion regarding the manage-
ment and conduct of the Indian schools. Prof. Adami had with
the writer examined the children in one of the largest schools and
was fully informed as to the actual situation. He stated that it was
only after the earnest solicitation of Mr. D. C. Scott that the whole
matter of Dr. Bryce's report was prevented from becoming a mat-
ter of critical discussion at the annual meeting of the National
Tuberculosis Association in 1910, of which he was then president,

and this was only due to Mr. Scott's distinct promise that the De-
partment would take adequate action along the lines of the report.
Prof. Adami stated in his letter to the Deputy Minister :

"It was a revelation to me to find tuberculosis prevailing to such an
extent amongst these children, and as many of them were only suffering
from the early incipient form of the disease, though practically everyone
was affected, when under care it may be arrested, I was greatly impressed
with the responsibility of the government in dealing with these children
.... I can assure you my only motive is a great sympathy for these
children, who are the wards of the government and cannot protect them-
selves from the ravages of this disease. "

III. In reviewing his correspondence the writer finds a per-
sonal letter, written by him to the Minister dated March 16th,
1911, following an official letter regarding the inaction of the De-
partment with regard to the recommendations of the report. This
letter refers to the most positive promises of Mr. D. C. Scott that
the Department would at once take steps to put the suggestions
contained in the report into effect. The letter further says :

" It is now over 9 months since these occurrences and I have not
received a single communication with reference to carrying out the Sug-
gestions of our report. Am I wrong in assuming that the vanity of Mr.
D. C. Scott, growing cut of his success at manipulating the mental
activities of Mr. Pedley, has led him to the fatal deception of supposing
that his cleverness will be equal to that of Prospero in calming any
storm that may blow up from a Tuberculosis Association or any where
else, since he knows that should he fail he has through memoranda on
file placed the responsibility on Mr. Pedley and yourself. In this parti-
cular matter, he is counting upon the ignorance and indifference of the
public to the fate of the Indians ; but with the awakening of the health
conscience of the people, .we are now seeing on every hand, I feel certain
that serious trouble will come out of departmental inertia, and I am not
personally disposed to have any blame fall upon me. "

It will then be understood with what pleasure the writer
hailed the appointment of Dr. W. A. Roche as Superintendent
General of Indian Affairs after the year's term of the Hon. R.
Rogers, whose chief activity was the investigation of the Deputy
Minister, which led up to his retirement. Now at last he said,
44 A medical minister exists who would understand the situation
as relates to the health of the Indians." So an early .opportunity
was taken to set forth in a memorandum to Dr. Roche, dated Dec.
9th, 1912, data and statistics relating to the several hundred scat-

tered bands on whose health the total expenditure was but little
more than $2 per capita, while the death rate in many of the bands
was as high as forty per thousand. The reply acknowledging re-
ceipt of this memorandum contained the following :

" There is certainly something in your suggestion

Dr. Roche is

urged to that should meet with every consideration, and some
act.

time when I can find an opportunity and it is con-
venient for you, I shall be pleased to discuss this matter with you."
As Dr. Roche became ill and was absent for some months
nothing further was done ; but on his return the writer in a per-
sonal interview urged that this serious medical Indian problem be
taken up in earnest. It was stated that medical science now
knows just what to do and what was necessary was to put our
knowledge into practice. Dr. Roche stated that on his return
from the West he would certainly take the matter up. Since that
moment however, to the present, the matter haa awaited the
promised action.

The writer had done no regular inspection work since Mr. D.
C. Scott was made Deputy minister in 1913, but had in each year
up to 1914 prepared his medical report, printed in the annual re-
port of the Department. About this time the following letter was
received :

P. H. Bryce, M. D. Ottawa,

Medical Inspector, June 17, 1914.

Immigration Branch.
Dear Sir,

In reply to your letter of the first instant, asking that the files of
the Department, containing our medical officers' reports be placed at
your disposal, so that you may peruse them to enable you to furnish a
report for publication, I desire to point out, that by the organization of
this Department, under the Civil Service Act of 1908 you were not in-
cluded therein and since that time your whole salary has been a charge
against the Department of the Interior. It is true that since then we
have availed ourselves of your services on a few occasipns ; but during
the past year, so far as I am awjare, you have not been called upon to do
any duty for the Department. I may say also that Dr. Grain of Win-
nipeg, has lately been appointed to oversee the Western schools and
reserves and his time is fully occupied in the work. Under these cir-
cumstances, I do not think that you should be asked to furnish a report
on the medical work in connection with Indians during the fiscal year.

I must thank you cordially for the offer to again prepare a report for
publication. Yours sincerely,

DUNCAN C. SCOTT,

D. 8. G. I. A.

The transparent hypocrisy contained in this remarkable com-
munication sent, not by the Minister Dr. W. A. Roche, but by his
deputy, will be seen in the fact that from 1908, five annual reports
had been prepared by the writer, while the special report on the
eight schools of the Calgary district with the recommendations
Mr- Scott's already referred to had been made on the instructions

malign

influence. of the Department in 1909. The other reason given,
to the effect that a certain physician, since retired for
good cause, quite inexperienced in dealing with Indian
disease problems, had been appointed as Medical Inspector
for the Western Provinces, showed how little the Minister
cared for the solution of the tuberculosis problem. As a
matter of fact the Order in Council appointing the writer
had neither been changed nor rescinded, while the transfer
to the Interior Department of the payment of the total salary was
made in 1908 in order that his regular increase of pay under the
new classification of the Civil Service Act of that year might be
made.

IV. As the war broke out in 1914 and immigration was
largely suspended, an unexpected opportunity occurred through

Dr. Roche's the greater time at his disposal for the writer's special

culcable

apathy- knowledge and experience to be utilized in improving

the health of the Indians ; but in no single instance, thereafter,
were the services of the writer utilised by this medical Minister,
who in 1917 \vas transferred to preside over the Civil Service
Commission, and who must be held responsible for the neglect of
what proved to be a very serious situation. In 1917, the writer
prepared, at the request of the Conservation Commission, a pam-
phlet on ** The Conservation of the Man Power of Canada," which
dealt with the broad problems of health which so vitally affect the
man power of a nation. The large demand for this pamphlet led
to the preparation of a similar study on " The Conservation of the
Man Power of the Indian Population of Canada, " which had
already supplied over 2000 volunteer soldiers for the Empire. For
obvious reasons this memorandum was not published, but was

8

value of placed in the hands of a minister of the Crown in 1918,
oTindians r in order that all the facts might be made known to the
Government. This memorandum began by pointing out that in
1916 4,862,303 acres were included in the Indian reserves and that
73,716 acres were then under cultivation ; that while the total per
capita income for farm crops in that year in all Canada was $110
that from the Indian reserves was $69, while it was only $40 for
Nova Scotia. It is thus obvious that from the lowest standard of
wealth producers the Indian population of Canada was already a
matter of much importance to the State. From the statistics given
in the " Man Power " pamphlet it was made plain that instead of
the normal increase in the Indian population being 1.5 per cent,
per annum as given for the white population, there had been be-
tween 1904 and 1917 an actual decrease in the Indian population
in the age period over twenty years of 1,639 persons whereas a
normal increase would have added 20,000 population in the 13
years. The comparisons showed that the loss was almost wholly
due to a high death rate since, though incomplete, the Indian birth
rate was 27 per thousand or higher than the average for the whole
white population.

The memorandum states, " As the Indian people are an un-
usually strong native race, their children at birth are large and
sturdy, and under good sanitary conditions have a low mortality.
Thus of the 134 children born in the File Hills Farm Colony in 17
years only 34 died, while of 15 births in 1916 only 1 died, giving
the unusually low rate of 77 per thousand within the year. "

As it was further desirable to obtain the latest returns of
deaths by age periods and causes the writer communicated with
the Secretary of the Indian Department asking for such returns.
In reply he received the following letter.
Dear Dr. Bryce, Ottawa, May 7, 1918.

I have your letter of the third instant asking for certain vital statis-
tics. I am unable to give you the figures you ask as we are not receiving
any vital statistics now, and last year we obtained only the total num-
ber of births and deaths from each Agency. These were not printed and
are not therefore available for distribution. The causes of deaths have
never been noted in our reports and we have no information.
Your obedient servant,

(Signed) J. D. McLean,

Asst. Deputy and Secretary.

9

Thus after more than a hundred years of an organized De-
partment of Indian Affairs in Canada, though the writer had at
Entire once begun in 1904 on his appointment the regular

causes of^ collection of statistics of diseases and deaths from the
several Indian bands, he was officially informed that in
a Department with 287 paid medical officers, due to the direct re-
actionary influence of the former Accountant and present Deputy
Minister no means exists, such as is looked upon as elementary
in any Health Department today, by which the public or the In-
dians themselves can learn anything definite as to the actual vital
conditions amongst these wards of the nation.

A study of the 1916-17 statistics shows that in the wage earn?v
ing period of life, from 21 to 65 years, the Indians of Alberta had }
161 less population, of British Columbia 901 less, of Ontario 99 y
less and of Nova Scotia 39$ less. In order however to show how
an Indian population may increase, the writer obtained from
Mr. W. M. Graham, at that time Superintendent of the File Hills
colony from 1901 to 1917, the complete record for this period. In
all there were 53 colonists from the neighbouring Indian schools,
starting with five in 1901, who had taken up homesteads in the
colony. Most of them married although 15 either left or had died
previous to marriage. In June 1917 there were resident 38 men,
26 women and 106 children, or 170 colonists in all. Thus we have
the picture of a young Indian population of 49 males' who re-
mained in the colony, of whom 10 died of tuberculosis after an
average sickness there of 2.7 years and of 29 females of whom 3
The famous died and to whom had been born in all 134 chiidren.
Fari? ills -In 1916 the colony had 3,991 acres under cultivation
or over a hundred acres per farmer. This was one
nineteenth of the total area cultivated by 105,000 persons in all
the Indian bands in Canada, Awhile 87,498 bushels of grain were
grown, and 33,052 head of live stock were kept. That this varia-
tion from the normal is viewed as an anomaly may be judged
from the following extract from the Deputy Minister's Annual Re-
port for 1917 ; " The Indian population does not vary much from
year to year. " How misleading this statement is may be judged
from the fact that between 1906 and 1917 in the age periods over
20 years in every Province but two the Indians had decreased
in population by a total of 2,632 deaths.

10

Naturally it is asked ; Why this decrease should have taken
place ? In 1906 the report of t,he Chief Medical Officer shows
that statistics collected from 99 local medical officers having the
care of a population of 70,000 gave a. total of 3,169 cases of tuber-
Extraordin- culosis or 1 case for every seven in a total of 23,109
itySom tu- diseases reported, and the death rates in several large
bands were 81.8, 82.6, and in a third 86.4 per thousand;
while the ordinary death rate for 115,000 in the city of Hamilton
was 10.6 in 1921. What these figures disclose has been made
more plain year by year, namely that tuberculosis, contracted in
infancy, creates diseases of the brain, joints, bones, and to a less
degree of the lungs and also that if not fatal till adolescence it
then usually progresses rapidly to a fatal termination in consump-
tion of the lungs.

The amazing The memorandum prepared by the writer in 1918
tuberculosis further showed that the city of Hamilton with apopu-
on< lation greater ^than the total Indian population had
reduced the death rate from tuberculosis in the same period, from
1904 to 1917, by nearly 75 per cent, having in 1916 actually only
68 deaths. The memorandum further states, " If a similar me-
thod had been introduced amongst the bands on the health-giving
uplands of Alberta, much might have been done to prevent such
a splendid race of warriors as the Blackfeet from decreasing from
842 in 1904 to 726 in 191,6, or, allowing for natural increase, an
actual loss of 40 per cent, since they should have numbered at least
1,011."

V. Such then is the situation made known to the Hon. N. W.
Rowell, who applied to the writer in 1918 to supply him with
such facts and arguments as would support the Bill he proposed
to introduce into Parliament fpr the creation of a Federal Depart-
ment of Health.

It was with pleasure that the memorandum dealing with
Indian health matters was given him, along with a proposed Bill
for a Department of Health, which contained amongst its pro-
visions one for including the Indian Medical Service along with
the other Medical Federal services in the new Department. In
the special medical committee called by Mr. Rowell to discuss the

11

\

Bill, such inclusion was of course approved of and the clause ap-
peared ill the First Reading in Parliament. But something then
occult influ- happened : What special occult influences came into
rob the in- action may be imagined, when the Second Reading of

dians of a

chance. the Bill took place with this clause regarding the In-
dian Medical Service omitted. It has been noted that from 1913
up to the time when Dr. W. A. Roche was eliminated from the
government in 1917 to make room for a more hardy and subtle
representative of Unionism the activities of the Chief Medical In-
spector of the Indian Department, had in practice ceased ; yet
now he was to see as the outcome of all this health legislation for
which he had been struggling for years, the failure of one of
his special health dreams, which he has hoped to see realized.

If the writer had been much disturbed by the incapacity or
inertia of a medical Minister in the matter of the Indian health
one who situation, he now saw that it was hopeless to expect
fntheir hem an Y improvement in it when the new Minister of
apony- Health, who had posed as the Bayard of Social Up-

lift, the Protagonist of Prohibition, the Champion of Oppressed
Labour, the Sir Galahad of Women's rights, and the preux
Qhevalier of Canadian Nationalism, could with all the accumula-
ted facts and statistics before him condemn to further indefinite
suffering and neglect these Wards of the Canadian people, whom
one Government after another had made treaties with and whom
deputies and officials had sworn to assist and protect.

A side light however, may serve to illumine the beclouded
situation. With the formation of the Unionist Government the
usual shuffle of portfolios was made and the then dominating
Solicitor General, grown callous and hardened over a franchise
Bill, which disfranchised*many thousands of his fellow native-
born citizens, had now become Minister of the Interior. That the
desire for power and for the control appointments should override
any higher consideration such as saving the lives of the Indians
must be inferred from the following statement of the Hon. A,
Meighen, Minister of the Interior and now Prime Minister. On
June 8th, 1920, the estimates of the Indian Department were un-
der consideration in Parliament. Page 3275 of Hansard has the
following :

12

Mr. D. D. McKenzie, " I understand that frightful ravages are being
made amongst them (Indians) by tuberculosis and the conditions of life
are certainly not such as to preserve them from the ravages of that
dread disease. I should be pleased to know at the earliest possible
moment if that branch of the Department was going to be transferred to
the Department of Health. "

Mr. Meighen, " The Health Department has no power to take over
the matter of the health of the Indians. That is not included in the
Act establishing the department. It was purposely left out of the Act.
I did not then think and do not think yet that it would be practicable
for the Health Department to do that work, because they would require
to duplicate the organization away in the remote regions, where Indian
reserves are, and there would be established a sort of divided control and
authority over the Indians. "

Mr. Beland, " Is tuberculosis increasing or decreasing amongst the
Indians? "

Mr. Meighen, " I am afraid I cannot give a very encouraging an-
swer to the question. We are not convinced that it is increasing, but it
is not decreasing.

In this reply of the Minister we see fully illustrated the dom-
inating influence, stimulated by the reactionary Deputy Minister,
which prevents even the simplest effective efforts to deal with the
Red tape health problem of the Indians along modern scientific
the Indians lines. To say that confusion would arise is the equi-
a e piriabie f valent of s'aying that co-operation between persons to-
ward a desired social end is impracticable ; whereas
co-operation between Provincial and Federal Health Depart-
ments is the basis upon which real progress is being made,
while further a world peace is being made possible in a
league of once discordant nations. The Premier has frankly
said he can give no encouraging answer to Dr, Beland's
question, while at the same moment he condemns the Indians to
their fate by a pitiable confession of utter official helplessness and
lack of initiative, based upon a cynical " non possumus. "

Thus we find a sum of only $10.000 has been annually placed
in the estimates to control tuberculosis amongst 105,000 Indians
scattered over Canada in over 300 bands, while the City of Ottawa,
with about the same population and having three general hospitals
spent thereon $342,860.54 in 1919 of which $33,364.70 is devoted
to tuberculous patients alone. The many difficulties of our pro-

13

blem amongst the Indians have been frequently pointed out, but
the means to cope with these have also been made plain. It can
only be said that any cruder or weaker arguments by a Prime
Minister holding the position of responsibility to these treaty
wards of Canada could hardly be conceived, and such recall the
satirical jibe of Voltaire, regarding the Treaty of Shackmaxoii be-
tween Wm. Penn and the Indians, which he describes as " the
only known treaty between savages and Christians that was never
sworn to and never broken. "

The degree and extent of this criminal disregard for the treaty
pledges to guard the welfare of the Indian wards of the nation
may be guaged from the facts once more brought out at the meet-
ing of the National Tuberculosis Association at its annual meeting
held in Ottawa on March 17th, 1922. The superintendent of the
Qu'Appelle Sanatorium, Sask., gave there the results of a special
study of 1575 children of school age in which advantage was taken
of the most modern scientific methods. Of these 175 were Indian
children, and it is very remarkable that the fact given that some
93 per cent, of these showed evidence of tuberculous infection
coincides completely with the work done by Dr. Lafferty and the
writer in the Alberta Indian schools in 1909.

It is indeed pitiable that during the thirteen years since then
this trail of disease and death has gone on almost unchecked by any
serious efforts on the part of the Department of Indian Affairs,
placed by the B. N. A. Act especially in charge of our Indian
population, and that a Provincial Tuberculosis Commission now
considers it to be its duty to publish the facts regarding these
children living within its own Province.

14

EPILOGUE.

This story should have been written years ago and then given
to the public ; but in my oath of office as a ivil Servant swore that
" without authority on that behalf, I shall not disclose or make
known any matter or thing which comes to my knowledge by
reason of my employment as Chief Medical Inspector of Indian
Affairs. " Today I am free to speak, having been retired from the
Civil Service and so am in a position to write the sequel to the
story. It has already been stated that in 1918 and 1919 I had
supplied to my then Minister of Immigration, the Hon. J. A. Cal-
der and to the then President of the Council, the Hon. N. W.
Rowell various memoranda regarding the establishment of a
Federal Department of Health, amongst these being a draft of the
Bill which later became the Act establishing the Department of
Health. To my disappointment the position of Deputy Minister
of Health to which I had a right to aspire after twenty -two years
as Chief Medical Officer of Onatrio, and fifteen years as Chief
Medical Officer of Immigration and Indian Affairs was given to
another, wholly outside the Federal Civil Service and in violation
of the principle of promotion, which was supposed to prevail when
the patronage system was to be done away with. The excuse was
on the ground of my advancing years, although at that moment
the position of Auditor General was being filled by the promotion
of one who had reached sixty-five years, while a Historian to the
Militia Department was appointed at a salary of $7.000 per year,
who likewise had reached just then this age.

Naturally I felt that it would be impossible to carry on and
retain my self respect as a subordinate, while performing the
duties, which I had been engaged in for fifteen years as Chief
Medical Officer and so asked that I be given other congenial work.
That my claims to the position were deemed reasonable may be
judged from the following letter addressed to my brother the Rev.
Professor Bryce, D.D., of Winnipeg. Writing from Victoria, B.
C., on March 9th, 1920, to myself he said, quoting from a letter
received from the Hon. Mr. Calder in reply to one of his own :

15

*' I quite appreciate the views of your brother in reference to his
situation here, and personally would be only too glad to do anything I
can to help out. When the Public Health Department was created, your
brother certainly had claims to the appointment as Deputy Minister.
Owing to his advanced age however, Council finally concluded that a
younger man should receive the appointment. The government has on
several occasions considered the question of placing your brother in
some other branch of the Service, and I have no doubt that this will be
arranged in some way or other shortly. He is now an official of the
Public Health Department. He could of course remain there but this
apparently is not agreeable to him. As a consequence some other
arrangement, if possible must be made.

Signed, J. A. Calder.

My indignation at subsequent treatment may be imagined
when the same Mr. Calder introduced the Apt in 1920, commonly
known as the Calder Act, providing for the " Retirement of Cer-
tain Members of the Civil Service. " This Act states that anyone
retired thereunder shall receive 1/60 of his salary for each year of
service. So it came about that on the 17th Sept. 1920, I received
notice that I was recommended for retirement under this Act.
The clause of the Act quoted for my information states :

" Section 2 (3). When it is decided to retire anyone under the pro-
visions of this Act, notice in writing giving the reasons for such retire-
ment shall be sent to such person, and he shall have the right to appeal
to the Civil Service Commission, and the Commission, after giving such
person an opportunity to be heard, shall make full report to the Gover-
nor in Council and the decision of the Council thereon shall be final. "

I appealed and in my appeal stated that no reason was as-
signed as provided in the Act, and further that I was still Chief
Medical Officer in the Department of Indian Affairs as set out in
the Order in Council of 1904.

As bearing on this point made in my appeal I find the fol-
lowing in Hansard of June 8th, 1921. The matter being dealt
with is the amendment to the Calder Act :

Mr. Fielding : But cases have been brought to my attention of men
in advanced years some may think them old, I do not being notified
of their retirement, although they are blessed with good health and
strength, both mental and physical, and are well able to discharge their
duties. How is such a man dealt with ?

Mr. Calder : No man will be notified unless a proper official has
advised that his condition of life is such that in the public interest he
should be retired

16

Mr. Calder : That in the main has been the practice in the past and
that is what the law contemplated last year. The question of age alone
was not taken into consideration.

But it was hardly to be supposed that Dr. W. A. Roche, now
Chairman of the Civil Service Commission, who during the years
1913-17 referred to had failed to utilise my services when he was
Superintendent of Indian Affairs would now consider my services
as necessary in that Department. So my protest was of no avail ;
my elimination from the Service had been decreed and I received
the following Order in Council :

Ottawa, 14th Feb., 1721.

The Committee have had before them a report, dated Feb. 1st, 1921,
from the acting Secretary of State, from the Civil Service Commission :

In accordance with the provisions of Cap. 67, 10-11 George V. " An
Act to provide for the Retirement of Certain Members of the Public
Service " the Civil Service has to report that Dr. P. H. Bryce of the De-
partment of Health at Ottawa was recommended by the Deputy Minis-
ter of Health for retirement ; that under Section 2 (3) of the said Act
he was given a personal hearing, which has resulted in the Civil Service
Commission now recommending that his appeal be not allowed, but
that his retirement be made effective from the 1st of March, 1921. Dr.
Bryce was born on August 17th> 1853, and is consequently sixty-seven
years of age. He was appointed temporarily to the Service on Feb. 1st,
1904, and was made permanent on September 1st, 1908, and therefore
will have been in the Service seventeen years and one month on the 1st
March, 1921, the date upon which his retirement is proposed to be effec-
ive."

So it came about that I was retired In March. 1921, with-
out any years being added to my term of Federal service, though
I had been brought to Ottawa as an expert after 22 years in the
Ontario Health Service, as is provided for in the Superannuation
Act of 1870. Neither did I get any gratuity on leaving the On-
tario Service after twenty-two years, the excuse being then given
that I was improving my position.

The irony and injustice of this Order in Council will be seen
when it is stated that a similar Order wrfs passed on May 18th,
1921, retiring 231 persons from the Customs Department as being
over sixty-five years of age ; but which was' recalled when the
protests of the many friends of men who were faithfully perform-
ing their duties were made. These and hundreds of other Civil

17

Servants of similar age are in different Departments still perform-
ing their duties.

In view, therefore, of all the facts herein recited I make my
appeal for simple justice ; that I be permitted to carry on my
work as Chief Medical Officer of Indian Affairs, and I believe that
I have' the right to demand, after a thorough investigation into all
the facts of the case, that the chief obstacle, as set forth in the
story, to insuring the health and prosperity of the one hundred
thousand Indians, the Wards of the nation, be removed.

Since the time of Edward I. the people have ever exercised
their historic right to lay their petitions before the King and Par-
liament. I now desire herein respectfully to bring my appeal for
the Indians of Canada before the King's representative and the
Parliament of Canada, feeling sure that justice will be done both
to them and to myself.

P. H. BRYCE.

18

,

PLEASE DO NOT REMOVE
CARDS OR SLIPS FROM THIS POCKET

UNIVERSITY OF TORONTO LIBRARY

E

78

C2B93

1922

C.I

ROBA

ra

I - 1

. . .

i